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Karnataka Court March 2014 Judgments

Mar 10 2014

C.D. Hanumantharaju, Since Dead by His Lrs and Others Vs. Thirumalaraj ...

Court: Karnataka

Decided on: Mar-10-2014

(Prayer: This RSA filed u/s. 100 of CPC against the Judgment and Decree dtd 25.4.2013 passed in R.A.No.36/2012 on the file of Additional District Judge, Chikmagalur, dismissing the appeal and confirming the Judgment and Decree dated 15.2.2012 passed in O.S.No.233/2003 on the file of Senior Civil Judge, Chikmagalur.) 1. This appeal by the LRs of the original defendant No. 1 is directed against the judgment and decree dated 15.02.2012, passed by the Senior Civil Judge, Chikmagalur in O.S.No.233/2003 which has been confirmed modifying the interest by the Addl. District Judge, Chikmagalur, in R.A.No.36/2012. 2. Aggrieved by that, the appellants who are the LRs of the original defendant No. 1 have filed this second appeal. 3. Briefly stated the facts are; The first respondent-plaintiff filed suit in O.S.No.233/2003 for the specific performance of the sale agreement dated 05.02.2001 and in the alternative for recovery of a sum of ^.5,00,000/- with interest at 21% p.a., from the date of agree...

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Mar 10 2014

The Management of M/S. Hewelett Packard Global Soft Pvt. Ltd. Vs. K.L. ...

Court: Karnataka

Decided on: Mar-10-2014

(Prayer: This Writ Appeal Is Filed Under Section 4 Of The Karnataka High Court Act Praying To Set Aside The Order Passed In Writ Petition No.4865/2013 (L-Ter) Dated 22.04.2013.) D.H. Waghela, CJ. 1. The appeal is preferred from order dated 22.04.2013 of learned Single Judge of this Court in the petition filed by the respondent herein. The relevant facts in brief are that, the respondent -workman was terminated by order dated 30.07.2007, following which he had raised an industrial dispute under Section 10(4A) of the Industrial Disputes Act, 1947 which was referred to the Labour Court as I. D. No. 10/2008 and was later re-numbered as I.D.No. 1/2012. The respondent -workman appears to have appeared as party-in -person just as he has insisted upon doing before this Court as well. In an earlier round of litigation, the Division Bench of this Court had directed the Labour Court to consider the respondent's application for revival of the dispute, after he having admittedly withdrawn the case....

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Mar 10 2014

B.S. Manjunath Vs. V. Kannan and Another

Court: Karnataka

Decided on: Mar-10-2014

(Prayer: This Ccc (Civil) Is Filed Under Sections 1! And 12 Of The Contempt Of Courts Act Fraying To Initiate Contempt Proceedings Against The Accused For Disobeying The Order Dated 11.07.2012 Passed By This Court In W.P.No.34625/2010 Vide Annexure-A.) 1. This contempt petition is filed complaining of disobedience of the order dated 11.07.2012 passed in Writ Petition No 34625/2010. 2. The grievance of the complainant is that, the persons who are similarly placed as that of the complainant have been extended the benefit, whereas the complainant has been discriminated. 3. The respondents have filed their counter contending that, the direction is to consider the representation of the complainant in view of the order passed by this Court in W.P.Nos.24158-160/2011 and in accordance with law. The law declared by the Apex Court would not extend the benefit to Hie complainant as claimed by him and therefore in law, he is net entitled to the said benefit and they have given an endorsement to th...

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Mar 07 2014

The Managing Director Karnataka State Road Transort Corporation and An ...

Court: Karnataka

Decided on: Mar-07-2014

(Prayer: This MFA is filed under Section 30(1) of W.C. Act against the Judgment dated 1.9.2010 passed in KaPaKa:F:SR-128/2007 on the file of the Labour Officer and Commissioner for Workmen's compensation, Hassan Sub Division, Hassan.) 1. The award passed by the Commissioner for Workmen's Compensation dated 1st September 2010 granting compensation of Rs.3,32,580/- is called in question in this appeal. 2. Mr. K. Prakash, the husband of the 1st respondent and father of Respondent Nos.2 and 3 and son of Respondent Nos.4 and 5 died due to heart attack on the night intervening between 6.10.2006 and 7.10.2006 while he was sleeping in the bus. The deceased was a driver by profession and he was employed by the appellant - Corporation. He was entrusted to drive the KSRTC bus bearing Registration No.KA 18 F-0103 on Route No.99 on 6.10.2006. PW-2 was the Conductor of the bus. The bus left Arasikere at 8 a.m. on 6.10.2006; the deceased drove the bus to Mysore via Channarayapatna and K.R. Pet; there...

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Mar 07 2014

The Managing Director Karnataka State Road Transort Corporation and An ...

Court: Karnataka

Decided on: Mar-07-2014

(Prayer: This MFA is filed under Section 30(1) of W.C. Act against the Judgment dated 1.9.2010 passed in KaPaKa:F:SR-128/2007 on the file of the Labour Officer and Commissioner for Workmen's compensation, Hassan Sub Division, Hassan.) 1. The award passed by the Commissioner for Workmen's Compensation dated 1st September 2010 granting compensation of Rs.3,32,580/- is called in question in this appeal. 2. Mr. K. Prakash, the husband of the 1st respondent and father of Respondent Nos.2 and 3 and son of Respondent Nos.4 and 5 died due to heart attack on the night intervening between 6.10.2006 and 7.10.2006 while he was sleeping in the bus. The deceased was a driver by profession and he was employed by the appellant - Corporation. He was entrusted to drive the KSRTC bus bearing Registration No.KA 18 F-0103 on Route No.99 on 6.10.2006. PW-2 was the Conductor of the bus. The bus left Arasikere at 8 a.m. on 6.10.2006; the deceased drove the bus to Mysore via Channarayapatna and K.R. Pet; there...

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Mar 07 2014

Ravindra Moolabharti and Others Vs. State of Karnataka

Court: Karnataka Gulbarga

Decided on: Mar-07-2014

(Prayer: This Crl.P. Is Filed Under Section 438 Of Cr.P.C. Praying To Release Him On Bail In The Event Of His Arrest In Crime No.18/2013 Of Gulbarga Lokayukta Station, Dist. Gulbarga, Which Is Registered For The Offences P/U/S 13(1) (C) (D) R/W Sec.13(2) Of Prevention Of Corruption Act, 1988 And Also U/S 468, 471 And 420 R/W Sec.34 Of Ipc.) (Prayer: This Crl.P. Is Filed Under Section 438 Of Cr.P.C. Praying To Release The Petitioner On Bail In Event Of Her Arrest In Crime No.18/2013 Of Lokayukta Police Station Gulbarga, Which Is Registered For The Offence P/U/S 13(1)(C)(D) R/W 13(2) Of P.C. Act 1988 And 468, 471, 420 R/W 34 Of Ipc.) (Prayer: This Crl.P. Is Filed Under Section 438 Of Cr.P.C. Praying To Enlarge The Petitioner On Bail In The Event Of His Arrest In Crime No.18/2013, Fir No.30/2013 Registered By Lokayukta Police, Which Is Registered For The Offence P/U/S 13(1) (C) (D) R/W 13(2) Of P.C. Act 1988 And 468, 471, 420, 471 R/W 34 Of Ipc.) 1. These petitions arise out of the case r...

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Mar 07 2014

Ameer Mohammad and Others Vs. the State of Karnataka and Another

Court: Karnataka

Decided on: Mar-07-2014

(Prayer: This Criminal Petition Is Filed Under Section 482 Of Cr.P.C., Praying To Quash The Entire Proceedings Pending On The File Of The Iv Additional C.M.M., Bangalore In Crime No.87/13 For The Offences Punishable Udner Section 406, 498a, 506 R/W 34 Of Ipc A/W Sec. 3 And 4 Of D.P.Act, Produced At Annexure-A.) (Prayer: This Criminal Petition Is Filed Under Section 482 Of Cr.P.C., Praying To Quash The Entire Proceedings Pending On The File Of The Vii Additional C.M.M., Bangalore In Crime No. 187/13 (Pcr No.23198/13) For The Offences P/U/S 506 Of Ipc Produced At Annexure - A.) 1. These two petitions are related to the marital dispute of Mrs. Sheena Syed and Rizwan Ameer and also with reference to the custody oi the child born in the wedlock of them and consequential dispute which has risen between themselves and other family members of both the parties. 2. Coming to the first petition, i.e., Crl.P.5827/ 13 is concerned, it is filed by the accused Nos. 1 to 3 in Crime No.87/ 13 registere...

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Mar 07 2014

Lingaraja Vs. Dyamangouda Ayyangouda Patil and Another

Court: Karnataka Dharwad

Decided on: Mar-07-2014

(Prayer: This Miscellaneous First Appeal Is Filed Under Section 173(1) Of The Motor Vehicles Act, 1988, Against The Judgment And Award Dated 26.8.2006, Passed In Mvc No. 21/2003, 3y The Civil Judge (Sr.Dn) And Addl. Mact, Gadag, Partly Allowing The Claim Petition For Compensation And Seeking Enhancement Of Compensation, Etc.,.) 1. This appeal is by the claimant challenging the judgment and award passed by the Tribunal regarding quantum and liability. 2. Learned counsel for the claimant submits, although the claimant in his claim petition as well as in his evidence has specifically contended that the offending vehicle was insured with the 2nd respondent and the policy was in force as on the date of accident, the insurer of the offending vehicle without verifying as to whether the offending vehicle was insured with them or not simply denied the case of the claimant contending that the offending vehicle was not insured with them, however their liability is subject to proof of accident and...

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Mar 06 2014

B.V. Krishnareddy Vs. the State of Karnataka, Represented by Its Secre ...

Court: Karnataka

Decided on: Mar-06-2014

(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the notice dated 18.02.2014 issued by the 2nd respondent vide Annexure-C.) 1. This petition has been filed to quasn a notice dated 18.02.2014, as at Annexure-C, issued by the Executive Officer, Taluka-Panchayat, Si inivasapura, Ko!ar District (for short 'the Panchayat'), in convening a special meeting of the Panchayat, on 24.02.2014, to consider the No- Confidence Motion, presented by respondents 3 to 11 against the petitioner. 2. Material facts of the case are that the petitioner is Adhyaksha of the Panchayat, which has 17 elected members Respondents 3 to 11, the elected members of the Panchayat, gave notice dated 03.02.2014 to the Executive Officer expressing their intention to move the Motion of No- Confidence as against the petitioner. The same having been put up for orders, on the office note, the petitioner endorsed that he having submitted his resignation on 11.02.2014, if n...

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Mar 06 2014

T. Suresh Vs. Executive Engineer and Others

Court: Karnataka

Decided on: Mar-06-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Call For The Relevant Records And Direct The Respondents To Appoint The Petitioner Under Compassionate Appointment Regulations 1997.) 1. With permission of the Court, Sri.M.B.Nargund, learned advocate for the petitioner added a necessary party as an additional respondent i.e. Superintendent Engineer (Electrical), 0 and M Circle, BESCOM, Bangalore. The cause title was amended accordingly. Sri.S.Sriranga, Panel Advocate of KPTCL and BESCOM, present in the Court, was directed to accept notice on behalf of the respondents and appear in the matter. Copies of the Writ Petitions were served on Sri S.Sriranga. The issue raised lies in a very narrow compass. Therefore, by consent of the learned Advocates for the parties to the lis, the petition is taken up for final hearing. 2. One Tibbaiah, working as Store Assistant Grade-II under the respondents died on 10.03.2012. Petitioner is the son of...

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